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The Concept of a criminal offence in the Czech Criminal Code
Novotný, Pavel ; Jelínek, Jiří (advisor) ; Tlapák Navrátilová, Jana (referee)
The Concept of a criminal offence in the Czech Criminal Code Abstract The diploma thesis examines the concept of a criminal offence in Act No. 40/2009 Coll., the Criminal Code. With the enactment of the new Criminal Code, a transition from a formal- material concept of a criminal offence to a formal concept has been made. With the enactment of Act No. 40/2009 Coll., the Criminal Code, the recodification work, which had lasted almost twenty years, was completed. The most discussed topic at the time of the preparation of the Criminal Code was precisely the concept of a criminal offence. The first chapter of the thesis introduces the general regulation of the concept and conception of a crime in separate and combined form and the most important terms related to the criminal offence. The second chapter presents the development of criminal law in the Czech lands from the 19th century beginning with the Code of Crimes and Serious Police Offences, through the preparation of the outlines of the Criminal Code in 1926 and 1937 up to the Criminal Act No. 140/1961 Coll. The third chapter presents the situation after 1989 on the way to the new penal code. It describes the substantive intention of the Criminal Code, with regard to possible alternatives to the concept of a criminal offences, which was approved by the...
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Europeanization of Criminal Law
Slezák, Marek ; Kopečný, Zdeněk (advisor) ; Jelínek, Jiří (referee)
Europeanization of Criminal Law Abstract The topic of this diploma thesis is europeanization of criminal law. It can be described as a process of approximation of criminal legislation of european countries. This process typically gets set in motion by organizations in which european countries associate. Said organizations use europeanization as one of the tools for achieving their goals. The goal of the thesis is to analyze how the process of europeanization of criminal law developed so far and to examine the tools which the organizations use in order to approximate the legislation of their member states. At the same time it also aims to point out some practical challenges which arise both generally in the organizations themselves and specifically as part of the application of selected tools. The first chapter is concerned with the tools the most important European organizations, the Council of Europe and the European Union, use to approximate their member states' criminal law legislation in general. It provides a brief look into their history and into the changes of the tools used throughout it. It also points out that not all the member states of the organizations might participate in their cooperation methods to the same extent. The second chapter then examines the most important institutions which...
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Defense of a legal entity in criminal proceedings
Svoboda, Edvin ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
Title of dissertation: Defense of a legal person in criminal proceedings Key words: defense of a legal entity, criminal proceedings, criminal liability of legal persons Abstract The topic of the rigorous thesis is the Defense of a legal entity in criminal proceedings. The first chapter deals with the basic concepts and concepts that the rigorous work deals with in it content, specifically it deals mainly with the concept and concept of a legal entity and it concept and defining features, then briefly outlines the history of legal entities. The second chapter of the submitted rigorous thesis is devoted to Act No. 418/2011 Coll., On the criminal liability of legal persons and proceedings against them. This law is first briefly characterized, then this chapter deals with topics directly related to this law, namely the analysis of key provisions of this law, the amendments made and their consequences for legal practice, reasons for punishing legal entities, the extent of criminalization of legal entities and finally and what vicissitudes accompanied the adoption of this law and what controversies surrounding it were discussed within the legal community. The last subchapter of the second chapter compares the state of this issue in the Czech Republic with other selected countries of the European Union. The third...
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The crime of rape according to section 185 of the Criminal Code
Plzáková, Štěpánka ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
The diploma thesis The crime of rape according to section 185 of the Criminal Code is divided into five parts, which are further divided into sub-chapters. In the first part of the thesis, I focus on the historical development of the institution of rape, from the first mention of rape, which dates back to ancient times, through medieval regulation, regulation in the modern age, in the first and second half of the 20th century, up to the current regulation in Act no. 40/2009 Coll., Criminal Code. Specifically, the crime of rape can be found in section 185 of the Criminal Code, which falls under the third special part, Crimes against human dignity in the sexual area. This is followed by the second chapter, which analyses in detail the concept of a crime and its individual features. Here I described in detail the factual nature of the crime, i.e., the object, the objective side, the subject, and the subjective side, both from the general point of view, which we apply to all crimes, and specifically to the crime of rape. In this passage, I also focused on the single-act concurrences of the criminal act of rape and on the qualified facts found in the second to fourth paragraphs of the given provision. I also try to describe the topic of moral criminality, which includes rape, in the chapter number...
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Defence of a legal person in criminal proceedings and issues related to the defence
Kalousová, Simona ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
Defence of a legal person in criminal proceedings and issues related to the defence Abstract The rigorous thesis deals with the definition of problems of the procedural part of the law on criminal liability of legal persons and related problems arising from the Criminal Procedure Code. Problems related to the criminal liability of legal persons appear in the Czech legislation and in the legislation of other countries of the continental legal culture mainly due to the adoption of the institute from the Anglo-American legal culture. The Czech legal system was based on the criminal liability of natural persons only and the incorporation of the new institute thus requires a certain adaptation of the legal system. Moreover, the nature of a legal person is inherently problematic given its specific nature. The author selects the most important problems of the procedural part of the law, analyses them and assesses the suitability of the current legal regulation. Subsequently, the author compares the identified problems with foreign legislation of the countries of the continental legal system. The author considers the most significant problems of the Czech legislation to be the absolute exclusion of the institute of necessary defence for legal persons, problems related to the person of the guardian and problems...
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Plea bargain
Bicek, Rudolf ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Fryšták, Marek (referee)
The topic of this dissertation is the originally Anglo-Saxon criminal process concept of plea bargaining, which has become a phenomenon within a number of civil law countries in recent decades. This alternative method of resolving criminal cases consists simply in the pos- sibility of an agreement being reached between the prosecutor and the accused, provided that the accused, under certain conditions, admits to having committed the offence and agrees with the proposed punishment. A look at the foreign as well as domestic legal literature reveals that plea bargaining is controversial to say the least. Proponents argue that it accelerates and simplifies criminal pro- ceedings, while opponents point to its flagrant inconsistency with the fundamental principles of continental criminal proceedings. The author of this dissertation examines agreements in criminal proceedings in gen- eral, focusing on their origin, historical development and various forms around the world. A special part of this dissertation is devoted to plea bargaining regulations in all 27 European countries where the concept has been introduced, including the Czech Republic, where it was introduced by Amendment to the Criminal Procedure Code No. 193/2012 Coll., effective from 1 September 2012. In addition, plea bargaining is described...
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Unconditional imprisonment
Marešová Haškovcová, Michaela ; Jelínek, Jiří (advisor) ; Šelleng, Dalibor (referee)
1 Unconditional imprisonment Abstract The presented rigorous thesis focuses on the institute of unconditional imprisonment, which is imposed ultima ratio and in Czech criminal law represents the most severe punishment in the system of punishment. The riforous thesis is guided by an attempt to present a comprehensive view of the unconditional sentence of imprisonment, the imposition of which is primarily connected with the execution of this sentence which the work devotes to, a considerable amount of time. In the introduction of the rigorous thesis the individual chapters of the thesis are presented, incl. their subchapters. The content of the thesis is divided into six main chapters. The first chapter deals with punishment and its purpose. It also focuses on the basic principles of sentencing and the position of unconditional sentencing in the punishment system. The first chapter logically includes a subchapter on selected alternatives to unconditional imprisonment. The second chapter is devoted to the aforementioned enforcement of unconditional imprisonment and the institution of conditional release from unconditional imprisonment, which also focuses on the important decisions of the Constitutional Court in this area. The third chapter deals with the issue of overcrowding in prisons, especially in the...
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The issues of juvenile criminal justice
Sovák, Ondřej ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
of the Thesis "Problems in Juvenile Crimininal Justice" The thesis is dedicated to the juvenile criminal justice issues in the Czech Republic. The work is divided into three parts. The first part includes a historical view of the punishment of minors and the situation before the adoption of Act No. 218/2003 Coll. It then focuses on the complex legislative process of adopting the juvenile justice act and the reasons leading to its adoption. The largest space is devoted to individual amendments. The aim was to acquaint the reader with the development of the legislation with particular focus on the latest amendment introduced by Act No. 41/2009 Coll. which it has not been possible to pay attention to as appropriate in university theses so far. The second part describes the basic principles of juvenile criminal justice which are important for the understanding of the meaning of the Act. A study of basic principles can assist in drawing attention to controversial issues, or perhaps also assist in resolving them. At the same time, this part tries to highlight the ideological coherence of the whole Act which is reflected in its individual institutes. The third part is divided into four subparts by individual selected institutes of the Act. What is analyzed in detail are issues of the protection of minors'...
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Criminal act of fraud with focus on fraud in the health care system
Klos, Dušan ; Jelínek, Jiří (advisor) ; Vokoun, Rudolf (referee)
This rigorous thesis deals with the crime of fraud as regulated by the Czech criminal law with focus on fraudulent practices within the system of healthcare services provision. The crime of fraud represents generally one of the most frequent wrongful practices. The Czech legislation distinguishes between the general form of fraud and special form of fraud, within the framework of which specific subtypes of fraud are defined. Fraudulent practices not only occur in the healthcare system, but are also supported by the system. The reasons are numerous. The first reason is that there is a large number of participants in this system with multiple complex links between them, which are part of the healthcare system as such, the second reason is the rather unclear and non-transparent situation of financing and cash flows in this area, and finally, there is a considerable amount of money going into the healthcare sector annually. Financial losses within the system, which are caused by such wrongful practices, are estimated to amount to about 3% of the contributed amount, i.e. 3% of the CZK 290 billion flowing into the healthcare system of the Czech Republic. This sum is alarming and calls for increased attention from the professional public and for the creation of a rational and functional model for fighting the...
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Domestic violence and its prevention
Krénová, Julie ; Vanduchová, Marie (advisor) ; Jelínek, Jiří (referee)
ZÁVĚR Domácí násilí bylo po dlouhá staletí běžnou součást rodinného života. Muž, hlava rodiny, měl moc nad životem svých blízkých. Rozhodoval o sňatku dcery, vzdělání syna, trestu pro "neposlušnou" manželku. Rozdělení na mužské a ženské role bylo ve společnosti striktně dodržováno. Co se událo v rodině, to tam také zůstalo. Žádné domácí násilí oficiálně neexistovalo. Přístup státu a společnosti se postupem času změnil. Vývoj směřoval od ignorování problému, přes postih nejkřiklavějších incidentů až po snahu domácímu násilí předcházet. Dnes společnost fenomén domácího násilí nejen zná, ale také vnímá jeho závažnost a nutnost zásahu zvenku při jeho řešení. Zcitlivění veřejnosti, ať už laické či odborné, je klíčové. Jen nulová tolerance násilí uvnitř rodiny může vést k důslednému řešení problému. Na začátku 21. století téměř všichni obyvatelé České republiky vědí, co je domácí násilí.1 Nebyla to snadná cesta. Na jejím počátku bylo zavírání očí před problémem, případně nedostatečné a nesystematické postihování nejzávažnějších činů. První pozitivní změnu přineslo vložení samostatné skutkové podstaty § 215a do trestního zákona. Umožnilo trestat zlé zacházení pachatele s osobou, která s ním sdílí obydlí, bez ohledu na to, zda jednotlivý útok dosáhl intenzity trestného činu. Kriminalizace domácího násilí byla...
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